The second bright sport is the belated overruling of Korematsu v. United States (1944), the notorious decision in which the Supreme Court upheld bigoted internment of some 100,000 Japanese Americans during World War II. Today’s decision notes that “Korematsu was gravely wrong the day it was decided, has been overruled in the court of history,and—to be clear— ‘has no place in law under the Constitution.’” That is a welcome statement. But the majority’s statement that “Korematsu has nothing to do with this case” is much harder to credit. Both rulings involved closing judicial eyes to the true purposes of a discriminatory policy largely on the basis of special deference to supposed executive expertise on national security. Such excessive deference is no more justified today than during World War II.
Ilya Somin at the Volokh Conspiracy blog, looking for any silver linings in today’s immigration decision at SCOTUS.
I claim no expertise on immigration law, and neither endorse or disagree with Somin — except that overruling Korematsu makes this an almost, kinda-good, not-too-bad day.